§ 24-12.3. Smoking Restrictions in Common Interest Complexes.

a.

In every new common interest complex that receives a certificate of occupancy after the effective date of this section, one hundred (100%) percent of the units (including private outdoor spaces associated with such units, such as balconies, patios and decks), shall be non-smoking units by law.

b.

All existing units of a common interest complex, including private outdoor spaces associated with such units, such as balconies, patios and decks, are hereby designated non-smoking units as of January 1, 2013.

c.

Smoking is prohibited in all common areas, except that a person with legal control over a common area, such as, for example, a homeowner's association, may designate a portion of the common area as a designated smoking area provided that at all times the designated smoking area complies with subsection 24-12.5b below.

(Ord. No. 3038 N.S., § 1, 11-1-2011)